CHUTTERPUT SINGH Vs. SADASOOK KOTARY

JUDGEMENT

(1.) This is an appeal from an order on an application made by a judgment-debtor that an earlier order made by this Court, dated 9th May 1916, for his arrest may be vacated, cancelled and set aside" en the ground that on the date on which the writ of arrest was asked for, the decree was barred by limitation.

(2.) On the 3rd September 1896 a decree was made (ex parte) in the High Court for Rs. 17,626-10-4. On the 3rd May 1901, copy of the decree was sent to the District Judge of Murshidabad for execution on the 30th July 1902, a sum of Rs. 322 8-3 was realized. Then some eleven years later on the 2rith July 1913, an application was made for execution by attachment of the immoveable property No 147, Cotton Street, Calcutta, belonging to the judgment-debtor. The Master ordered notice1 under Order XXI, rule 22, to issue. On the 23rd September 1913, notice was served upon the judgment-debtor. On the 18th November 1913, the judgment-debtor entered appearance through Babu Haripada Dutt. On the 22nd November 1913, warrant of attorney on behalf of the judgment debtor was filed. On the 29th November 1913 the Master ordered execution to issue after hearing both sides.

(3.) It is said that this order by the Master was invalid as he had no jurisdiction to make it and thus to create a revivor which is a judicial act.